New Mexico § 49-9-6 - Issuance or refusal to issue deeds; contesting right of possession

§ 49-9-6. Issuance or refusal to issue deeds; contesting right of possession

If no protest should be filed with the city clerk against the granting of said deed

to any applicant, within the time and manner as above provided, or if the said protest

should be filed and the party whose duty it is fails or neglects to institute his

proceeding in the district court contesting the right of said applicant to said deed

within the time as above provided, the said city council shall be authorized to make,

execute and deliver a deed for the said land to the person who shall have first applied

for said deed: and provided, further, that should any person make application for

a deed to any portion of said land within the limits of said grant, and should said

city council, upon investigation thereof, be not satisfied that the land for which

such deed is applied for is in fact owned by said applicant, then said city council

shall refuse to execute or cause to be executed a deed to said applicant for said

land until the court shall determine, in a proceeding properly instituted therefor,

that the city should execute said deed to said applicant; or in case any individual,

company or corporation shall be in possession of or shall claim any part or portion

of the land within the limits of said grant to which they or it may be not entitled

as against said city holding said lands in trust as aforesaid, then the city council

of said city shall direct the city attorney, or other attorney or attorneys, to institute

on behalf of said city and said trustees a proper proceeding in the district court

in which the said grant is situated to contest the right and title of said individual,

company or corporation to any of said lands so held or claimed, which suit shall be

instituted by said city against said parties within twelve months after February 23,

1893, or within twelve months after the said claim is so set up to said lands by said

individual, company or corporation.